COMMITTEE COMMENDS NPA FOR ACHIEVING MOST OF ITS TARGETS FOR 2022/23 FINANCIAL YEAR

The Chairperson of the Portfolio Committee on Justice and Correctional Services, Mr Bulelani Magwanishe, told the National Director of Public Prosecutions, Adv Shamila Batohi, that the committee has noted the progress achieved by the National Prosecutions Authority (NPA) in the 2022/23 financial year.

The NPA appeared before the committee yesterday to brief the committee on its performance for the 2022/23 financial year. The committee heard that the entity achieved 75% of its targets for the 2022/23 financial year. ‘You are certainly not where you were but not where you are supposed to be. You still have a long way to go. We encourage you to do more,’ said Mr Magwanishe. Moreover, crime fighting is not just an NPA responsibility, but a whole societal approach, he said.

Adv Batohi told the committee that significant progress has been achieved in the implementation of several innovative initiatives. These initiatives have resulted in impactful prosecutions and assets recovered in cases involving state capt
ure and corruption.

Meanwhile, the Independent Directorate (ID) has declared 99 investigations and enrolled 34 cases involving 205 accused, while the Specialised Commercial Crimes Unit and Directors of Public Prosecutions in the regions have enrolled 78 cases (involving 363 accused) from the Anti-Corruption Task Team’s priority case list. The Asset Forfeiture Unit (AFU) and partners have secured freezing or preservation orders to the value of R14bn and recoveries to the value of R5.4bn, including of the ABB landmark case.

Adv Batohi said the narrative that NPA is doing nothing is both wrong and dangerous, as high-profile government and private sector individuals have been prosecuted. Impunity no longer prevails. The Zondo Commission findings do not provide a blueprint for successful prosecution of cases, she went on to explain. Successful prosecution is far more complex with an onerous standard of proof.

The committee heard that the NPA did not achieve four of its 16 target for the year under review. This
includes the conviction rate in complex commercial crime cases, as these take longer to finalise because matters investigators with specialised skills are needed to investigate matters properly. The target for the number of cases finalised with a verdict involving money laundering was also not achieved. The committee heard trials like these are protracted, with several legal challenges, interlocutory applications and Stalingrad tactics used by the defence.

The value of completed forfeiture cases target was also not achieved. The committee also heard about the delays in finalising trials in serious corruption and high-value matters. The target for the value of freezing orders obtained from corruption or related offences were also not achieved due to delays in the finalisation in investigating high-value cases. Freezing orders is a step towards actual recoveries.

Regarding Truth and Reconciliation Commission (TRC) matters, the committee heard that remarkable work is being done within tight budget constraints.
Some 135 such matters are under investigation, with 10 matters finalised since September 2021 and a further 10 judgements are pending.

Committee Member Mr Qubudile Dyantyi said he found the progress with TRC matters unsatisfactory. Adv Batohi welcomed the committee invitation for a full more detailed briefing on the TRC matters.

Another Committee Member Ms Wilma Newhoudt-Druchen enquired about the outstanding matters to ensure progress regarding the Financial Action Task Force (FAFT) grey-listing. The committee heard that the NPA is in the final stages of a focused organised crime strategy (in coordination with its partners) to address not only organised crime but to exit the FATF grey list as soon as possible.

Committee Member Mr Steve Swart said although he noted the progress in state capture cases, a lot more needed to be done. ‘We appreciate the work that is being done but note that more needs to be done.’

Source: Parliament of South Africa